bal tashchis – RabbiKaganoff.com

Sabra in Halacha

Question #1: Colonche and cladodes

I admit not knowing a colonche from a cladode, but is either of them kosher?

Question #2: Is it a pear or a fig?

What is the difference between cactus pears, Indian figs, and sabras?

Question #3: Bal tashchis

Someone has an Opuntia ficus-indica growing in his yard, which constantly sheds leaves. Whenever a leaf lands, it begins to grow roots and a new shrub begins growing. Is it bal tashchis for him to destroy the new plant, since it is a fruit-producing tree?

Introduction

This article is about the sabra, the most commonly cultivated cactus, and a fascinating and highly beneficial pear-shaped fruit, with some very interesting halachic ramifications. Its scientific name, Opuntia ficus-indica, includes the genus Opuntia, andis based on the ancient Greek city of Opus, where an edible plant created new shrubs by growing roots, even from a fallen leaf, one of the many interesting features of the sabra that has halachic ramifications. The name of the species, ficus-indica,means “Indian fig.” We will find out why the sabra, which we identify with Israel and Israelis, is called an “Indian” fig.

The origin of the word “sabra” is Arabic, where the word simply means a “cactus,” although it also translates as “patience.” Since Arabic originated from Hebrew, the origin of this word indeed has a Hebrew shoresh, סבל, which means “being patient.” Indeed, notwithstanding the many uses and health benefits that the sabra provides, it requires a good deal of patience to consume it, since the fruit, the flat, paddle-looking “branch” called a cladode, and the “trunk,” are all covered with small thorns and prickles (ouch!). The entire plant demonstrates incredible nifla’os haBorei; Hashem gave this shrub incredible tools for surviving in the unforgiving, dry desert.

Sabras are cultivated as a healthy food and fodder crop that needs little water and grows well in harsh conditions, particularly in places where other crops do not grow. As we will soon see, it is a plant that has a wide variety of commercial uses.

Native American

Most people do not realize that the sabra has American origins. Along with the bell pepper, cocoa, tomato, potato, corn (maize), soybean and innumerable other American goodies, this Mexican and Central American native was brought by the Spaniards to the Old World. Indeed, both the flag and the coat of arms of Mexico portray the sabra cactus.

The sabra’s western hemisphere origins explain why it is called an “Indian fig.” Remember, Columbus was looking for a route to India. This error is reflected in several misnomers, including one way of referring to Native Americans, the island group called “the West Indies,” and scientifically naming this fruit ficus-indica, which is what the sabra fruit is called in many languages.

Dessert in the Desert

The sabra is a very useful fruit and plant. Both the sabra fruit and its cladodes (branches) are edible, providing welcome nutrients in the desert. In Mexico, the cladodes are eaten as a salad green. In arid parts of Brazil, Opuntia ficus-indica is grown predominantly as forage for the country’s huge cattle herds. In Peru, it is grown predominantly as feed for the carmine beetle – a topic I will discuss shortly. In Morocco, sabras are processed extensively to create very expensive cosmetic oil. And in pre-1948 Eretz Yisrael, sabras were grown primarily to be a border between properties or to keep livestock from wandering.

Since the fruit does not ripen after it is harvested and spoils fairly quickly after picking, the Aztecs, the Mayas and many later producers used it in innumerable food products that are less perishable, such as sauces, juices, jams, candies, vinegar, flour, starches, pickled products, various healthy additives, and even a variety of pareve “cheese.” In addition, since there are several different colors of edible cactus fruit, they can be used as a very healthy food colorant for products like yogurts.

Colonche

In Mexico, sabras are fermented into colonche, a mildly alcoholic, red beverage, whereas in Italy they are processed somewhat differently into a liqueur called ficodi. (Please note that the liqueur called “Sabra” is made of citrus fruit and derives its name from Israelis, not the fruit.)

Colonche and cladodes

At this point, we have enough background to address our opening question: “I admit not knowing a colonche from a cladode, but is either of them kosher?” Who or what are colonche and cladode? Are they kosher?

By now, we know that colonche is an alcoholic beverage made by fermenting sabra fruit, whereas cladode is the name for the “branch” of the tree, which looks more like a paddle than a branch. We also know that there are two alcoholic beverages fermented from the sabra, and we can ask whether they are kosher. For that matter, we can ask about all the various other processed foods that are made from sabras: sauces, juices, jams, candies, vinegar, flour, starches, pickled products, food colorants and pareve “cheese.”

The answer is that all these products might present kashrus issues and would require a hechsher, although they all can be produced with a proper hechsher, should a manufacturer be interested. So, for someone interested in setting up his son-in-law in a new business with an original market, an idea would be to manufacture genuine Mexican cuisine, using the sabra plant as its base. I even have a few suggestions for brand names and products: Prickly’s Fig Liqueur, Maya Mia, and Aztec Araque.

Medicinal, therapeutic and cosmetic uses

The sabra’s medicinal properties were discovered in antiquity, including its value as an anti-inflammatory, diuretic and antispasmodic agent. It is rich in vitamins, amino acids, fiber, pectin, flavonoids and antioxidants. The vitamin E content of prickly pear oil is the highest among all cosmetic oils. The sabra fruit is also high in vitamin C and was often packed onto ships to prevent scurvy. Medical research continues to this day, including, for example, recent clinical evidence that the sabra reduces human cholesterol levels.

The tiny seeds of the sabra have superb cosmetic value. Indeed, one of the countries that thrive on the growth of the sabra is Morocco, where the cactus arrived south of the Strait of Gibraltar as early as the sixteenth century, shortly after arriving in Spain. The Moroccans, who are almost exclusively Muslim and therefore officially do not consume alcohol, could not market the liquor produced from Opuntia ficus-indica, but developed a vast international market of natural cosmetics based on the seeds of this fruit. So, your son-in-law’s business can now expand its original offerings of authentic Mexican cuisine washed down with Maya Mia to include Israeli-grown natural vitamin C, natural medical remedies and expensive cosmetics.

Good fences make good neighbors

In some countries, Opuntia ficus-indica was used as a border-marker between neighbors. As mentioned above, left unhindered, its dropped leaves form new plants, each with thorns and spikes, thus becoming quite a nuisance to cross – far more efficient than the famous stone walls of rural New England.

Carmine red

In its natural habitat, the cactus provides a home to scale insects called Dactylopius coccus and Dactylopius opuntiae, which feed on the cladodes. These small creatures have proved invaluable as the source of a bright red dye called cochineal. A cousin of this beetle, native to Egypt, has been known since the time of Tanach for its use as a crimson dye. Indeed, the word carmil appears in Divrei Hayamim as the source of the tola’as shani red dye used in the Mishkan and for the garments of the kohanim. According to Radak, this insect is the source of the dye. This engendered much controversy in the era of the rishonim, when many held that the source of a dye in the Mishkan cannot be non-kosher (Ra’avad, Hilchos Klei Hamikdash 8:13; Rabbeinu Bachyei, Shemos 25:3).

As mentioned above, sabra is grown in Preu primarily as feed for the carmine beetle. The western cochineal provides a dye eight times stronger than its old-world version, and this pigment was worth more than its weight in gold, until the advent of artificial dyes. The use of carmine red preceded the European invasions of America by centuries, as both the Aztecs and Mayas farmed the insect and its dye. When the Spanish imported the dye to Europe, they kept its source hidden for many years, thereby assuring themselves of great profits. In 1620, King Philip III of Spain stated, “One of the most valuable fruits grown in our Western Indies is the cactus pear; it produces value equal to gold and silver.” Certainly so, since it is difficult to grow either gold or silver, minimizing their profits to a single use.

The redcoats are coming!

There is a fascinating historic twist to the cochineal saga. The British, whose uniforms were bright red (presumably to make them highly recognizable on the battlefield), felt that they were overpaying Spain for the gorgeous new-world crimson dye. But, even after their spies discovered the source for the carmine red that they were purchasing, they could not develop an industry, since cacti will not grow in wet, chilly England, and British colonies in the eastern and northeastern parts of North America were also too cold for Opuntia ficus-indica. Even Georgia, named for the British monarchs, was too cold for this undertaking. So, the British looked at the vast holdings of their empire and decided that the huge deserts in Australia would service the British armed forces by providing a ready supply of red dye, once Opuntia ficus-indica was planted and Dactylopius opuntiae imported.

Invasion!

Shortly after planting Opuntia ficus-indica all over Australia, they discovered that not every invasion is advantageous, even for the conquering party. Much of Australia’s climate is perfect for the cactus, and there are no natural enemies to hinder its advance. Opuntia formed dense infestations that hindered livestock’s access to feed. Opuntia thorns injured animals, damaged fleece and hides, and interfered with the transportation of sheep to the shearing. The cactus was also wiping out native flora, causing a mammoth economic and environmental catastrophe. The redcoats were not so concerned about the environmental impact of their actions, but the potential destruction of a different invasive species, sheep, was a major concern that required immediate addressing, since this was the main product that the colony was intended to bring to the royal crown.

The solution is interesting. They discovered that one desert environment which had been detrimental to Opuntia ficus-indica and its red-coated inhabitants was in southern Argentina. They worked to discover what made the arid parts of Argentina so uninhabitable to sabras, eventually discovering a moth, Cactoblastis cactorum, (note the cognates to the word “cactus”) that loves cactus and destroys it. Thus, they were able to save the Australian continent from their own invasion by introducing another foreign species. Fortunately for the Mexicans, Peruvians, Brazilians, Moroccans and dwellers of Eretz Yisrael, no one attempted to introduce Cactoblastis cactorum to their deserts, which could have ruined their liquor, salad greens, dye, forage, cosmetics, boundaries, and your son-in-law’s potential business, before it even got off the ground.

Scaling down

It is curious to note that in Morocco, the cochineal scale is an unwanted pest that destroys the cosmetic value of the sabra, whereas in Peru the cactus fruit is cultivated exclusively for the dye created by this scale. Cochineal use is expanding, today, as a food and lipstick colorant, with Peru its biggest exporter, as people are increasingly concerned about the safety of artificial food additives.

A pear or a fig?

At this point, we can discuss our next introductory question:

What is the difference between cactus pears, Indian figs and sabras?

Sabra fruit is called by several other names, including “prickly pear,” “cactus pear,” “Indian fig,” “Barbary fig” and “Adam’s fig.” It is called “Barbary fig” because, after the Spaniards planted it in Spain, it began spontaneously growing in arid climates of Italy and North Africa, presumably as a result of bird droppings after they ate the sabra fruit. Thus, in many places, it became associated with the coastal areas of northwestern Africa, called the Barbary Coast.

In other words, the answer to the question, “What is the difference between cactus pears, Indian figs, Barbary figs and sabras?” is how you spell it.

At this point, let us address some halachic curiosities germane to the sabra:

Orlah

“If Opuntia ficus-indica is planted as a boundary marker, may one benefit from the fruit that grows during the first three years of the cactus’s growth?”

The Mishnah (Orlah 1:1) rules that fruits growing on a tree planted as a barrier or hedge, or for lumber or firewood, are not orlah. The reason is that the Torah states that the mitzvah of orlah applies only “when you plant a tree for food”(Vayikra 19:23), and these trees are not meant for food. The Yerushalmi (Orlah 1:1) contends that this rule applies only when it is obvious that they are not planted for their fruit; for example, they are planted closer together than what is beneficial for fruit growth, or the trees are pruned in a way that their lumber will develop at the expense of the fruit. Most poskim rule like this Yerushalmi (Rosh, Hilchos Orlah 1:2; Tur Yoreh Deah 294; Shulchan Aruch, Yoreh Deah 294:23).

Thus, whether sabra fruit is governed by the laws of orlah may depend on where the fruit is grown, but for an unusual reason. Those planted by the native population in Eretz Yisrael, where they were planted as boundary markers and natural fencing to keep the sheep and goats from wandering, are exempt from orlah. Those grown in Mexico for their fruit or for liquor produced from the fruit would be prohibited as orlah. And I’ll let you ask your rav whether those grown in Brazil or Peru are exempt from orlah.

Bal tashchis

At this point, let us address the last of our opening questions. As I was writing this article, a neighbor actually asked me this shaylah: He has an Opuntia ficus-indica growing in his yard, which constantly sheds leaves. Whenever a leaf lands, it begins to grow roots and a new shrub begins growing. Is it bal tashchis for him to destroy the new plant, since it is a fruit-producing tree?

It appears that there is no halachic concern to do so, since the new plant is not yet a tree, and all he is doing is preventing the tree from growing. Should the tree have begun to grow, the question becomes more serious. As I wrote in a different article, the rules governing when it is permitted to destroy a fruit-producing tree, such as a sabra, when there is benefit in doing so are complicated and controversial (Bava Kama 91b-92a; Rambam, Hilchos Melachim 6:8-9).

Tuna fish or fig?

We are all familiar with the word “tuna” as the name of a fish whose flesh is used for brown-bag lunches. The word “tuna” also carries another meaning; in Mexico, it is the name for the fruit that the Arabs call “sabra.”

Strange Coincidence

We know that there are no coincidences and that everything is part of Hashem’s plan. With that introduction, I will share with you what can be described as, perhaps, just a curiosity, or… perhaps, much more. The pasuk in Divrei Hayamim (II 3:14) describes the peroches as woven from techeiles, argaman, karmil, and butz, which is linen. This is the same peroches that the Torah describes in parshas Vayakheil (Shemos 36:35) and in parshas Terumah (Shemos 26:31) as made of techeiles, argaman, tola’as shani, and linen (Shemos 26:31). Similarly, when describing the artisans sent by King Chiram of Tzur to help Shelomoh Hamelech build the Beis Hamikdash, Divrei Hayamim (II 2:13) mentions karmil as one of the materials used in construction of the Mishkan, and omits tola’as shani. Obviously, karmil, cognate to the English words crimson and carmine, is another way of describing tola’as shani (see Radak and Ralbag ad loc.). The Radak (Divrei Hayamim II 2:6) and the Rambam explain tola’as shani to mean “wool dyed with an insect” (Hilchos Klei Hamikdash 8:13; although Rabbeinu Bachyei, Shemos 25:3, disagrees with them). Now, bear in mind that the cochineal scale insect, which is similar to the insect described by the Radak, was originally New World, but feeds, primarily, on a shrub that is now widely associated with Eretz Yisrael. How intriguing that the people of Israel are associated with a term that just “coincidentally” alludes to a dye used in the Beis Hamikdash.

What Is a Tree?

Question #1:

Eggplants grow on a woody stem. Does this make the eggplant a tree and prohibit the fruit that grows during its first three years as orlah or not? Although this idea may seem strange to most people, at least one prominent posek held that eggplant is prohibited as orlah.

Question #2:

What is the correct beracha to recite when smelling carnations, lilies, or mint?

Question #3:

What is the correct beracha to recite before eating papaya, cane sugar, or raspberries?

Question #4:

May someone plant tomatoes in his vineyard in Eretz Yisroel?

Although these questions seem completely unrelated, each query revolves around the same issue: What is the halachic definition of a tree?

It is usually easy to identify a tree. We know the obvious characteristics that define oak and apple trees, and it is clear that trees differ from plants that grow in a vegetable patch. However, from a halachic standpoint it is not always obvious whether many of Hashem’s botanical wonders are trees or not.

It is critical to determine what fits the definition of a tree in order to clarify the following halachic issues:

1. What beracha one recites on its fruit.

2. What beracha one recites on its fragrance.

3. Whether the prohibition of orlah applies to its fruit.

4. How severe is the prohibition to destroy it (bal tashchis).

5. There are several agricultural halachos concerning kelayim, shemittah, and maaser, all of which are relevant only in Eretz Yisroel.

Let us clarify these five areas of halacha before we discuss the main focus of our article, in order to understand the ramifications of why we must know which plants are considered trees.

1. What beracha one recites on its fruit.

As the Mishnah teaches, the beracha before eating the fruit of a tree is borei pri ha’eitz, whereas the beracha on fruit that grows from the ground, such as peas, beans, cucumbers, and melons, is borei pri ha’adamah. (The botanical definition of a fruit is the fleshy part [technically, the developed ovary] of the plant that nourishes the developing seed. Many of the foods that we colloquially call “vegetables,” are in reality “fruits of the ground.”) Thus, it is important to ascertain how certain fruits such as bananas, papayas, and berries grow in order to determine whether they grow on what is halachically classified as a tree, in which case their beracha is ha’eitz, or whether the plant upon which they grow is not a tree and the correct beracha is ha’adamah.

2. What beracha one recites on its fragrance.

Chazal established five different berachos on fragrances, one of which is “borei atzei besamim,” “He who created pleasant-smelling wood (or trees),” and another, “borei isvei besamim,” “He who created pleasant-smelling grasses.” Just as one must recite the correct beracha on a food before eating it, so it is important to recite the correct beracha on a fragrance before smelling it. We will see later that whether the closest English translation of atzei besamim is pleasant-smelling wood or pleasant-smelling trees depends on an interesting dispute.

Determining whether the correct beracha is atzei besamim or isvei besamim is even more significant than determining whether the correct beracha is borei pri ha’eitz or borei pri ha’adamah for the following reason: If one recites borei pri ha’adamah on a fruit that should have been borei pri ha’eitz, one fulfills the minimal requirement bedei’eved (after the fact) and should not recite an additional beracha of borei pri ha’eitz. The reason for this is that every tree grows from the ground — thus praising Hashem for “creating the fruit of the ground” when eating a fruit that grew on a tree is not inaccurate. Therefore, someone who is uncertain whether a certain fruit is “of the tree” or “of the ground” should recite borei pri ha’adamah before eating it.

However, when in doubt whether to recite atzei besamim or isvei besamim on a specific fragrance, one may not recite either beracha. This is because trees and grasses are mutually exclusive categories — if something is a grass, it is not a tree and vice versa. Thus, reciting the beracha praising Hashem for creating pleasant-smelling grasses before smelling a tree is a beracha levatalah, a beracha said in vain, because it is inaccurate.

When someone is uncertain whether a plant is considered a tree or a grass, he should recite a third beracha, borei minei besamim, “He who created types of pleasant-smelling items,” even though this is certainly not the optimal beracha on this fragrance. This is equivalent to reciting the beracha of shehakol before eating an apple. One has fulfilled the mitzvah, albeit not in the optimal way, since an apple “deserves” a more specific praise.

3. Whether the prohibition of orlah applies to its fruit.

The Torah prohibits eating fruit that grew within the first three years of a tree’s life. Thus, if a particular plant is a tree, the fruit produced in its first three years is prohibited; if it is not a tree, the fruit may be eaten immediately.

Although orlah is an agricultural mitzvah, it applies outside Eretz Yisroel. However, there is a major difference between orlah on fruits that grow in Eretz Yisroel and those that grow in chutz la’aretz. In chutz la’aretz only fruit that is definitely orlah is prohibited, and one may eat fruit that is questionably orlah. This fact has major halachic ramifications. There is also a mitzvah of re’vai that requires redeeming the fruit of the fourth year. Ashkenazim follow the ruling that in chutz la’aretz the laws of re’vai apply only to grapes (Rema and Gra, Yoreh Deah 294:7), whereas Sefardim require the laws of re’vai on all fruit trees.

4. How severe is the prohibition to destroy it (bal tashchis).

Destroying a fruit-bearing tree without gaining benefit in the process is prohibited min HaTorah. Although one may not destroy anything without purpose, the Rambam rules that destroying a tree is a more serious prohibition (Hilchos Melachim 6:8, 10). Some poskim explain that only destroying a tree is prohibited min HaTorah, whereas destroying other items, including plants, is prohibited only miderabbanan, and therefore would have some leniencies.

5. There are several agricultural halachos concerning kelayim in a vineyard (kil’ei hakerem), shemittah, and maaser, all of which are relevant only in Eretz Yisroel. There are also halachos related to grafting one species onto the stock of another (harkavas ilan), which applies equally in Eretz Yisroel and in Chutz LaAretz.

One may not plant vegetables in a vineyard in Eretz Yisroel because of the prohibition of kil’ei hakerem, mixing species in a vineyard (Rambam, Hilchos Kelayim 5:7), although one may plant trees in a vineyard (Rambam, Hilchos Kelayim 5:6). In addition, if something is categorized as an edible plant, one must be careful not to plant it too close to another edible plant because of kil’ei zera’im, mixing species when planting. This mitzvah does not apply to trees.

OTHER LAWS

How one determines the year in which a plant grows differs between trees and plants. The cut-off point for determining the years of tree fruits is usually determined by Tu Bishvat, whereas for plants it is Rosh Hashanah. This affects the halachos of maaser and of shemittah.

In addition, which year of the maaser cycle a fruit belongs to is determined by whether its chanatah, which refers to a stage early in the fruit’s development, took place before Tu Bishvat or after; for a plant, it is determined by whether it is harvested before Rosh Hashanah. Furthermore, a plant that grew uncultivated during the shemittah year would be prohibited because of the prohibition of “sefichin,” whereas the fruit of a tree would not be affected by this concern.

We now understand why it is important to determine whether a particular plant qualifies as a tree or not.

WHAT IS THE DEFINITION OF A TREE?

The Random House dictionary I have on my desk defines a tree as, “a plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually developing branches at some distance from the ground.” If we exclude the qualifiers, “ordinarily” and “usually,” then this definition does not consider a grape vine to be a tree since it lacks height if not supported and does not develop branches some distance from the ground. Since we know that halacha considers grapes to be fruits of the tree, this definition will not suffice. On the other hand, if we broaden the definition of “tree” to include all plants that have a “permanently woody stem or trunk” we will not only include grape vines, but also probably include eggplant, pineapple, and lavender which all have woody stems. On the other hand, several plants, such as the date palm and papaya, fit the Random House definition as a tree and yet grow very differently from typical trees. Are all of these plants trees?

Having demonstrated that the dictionary definition of tree is insufficient for our purposes, let us explore sources that may give us a halachic definition. The Gemara (Berachos 40a) states that one recites borei pri ha’eitz if “when you remove the fruit, the gavza remains and produces more fruit; but if the gavza does not remain, the beracha is not borei pri ha’eitz, but borei pri ha’adamah.” What is the “gavza” that remains to bear more fruit from one year to the next?

Among the major commentaries, we find three interpretations. Rashi translates gavza as branch, meaning that any plant whose branches fall off one year and then grow again the next is not considered a tree, even if the root and trunk (or stem) remain from one year to the next. There are berries whose stem remains from one year to next, but whose branches fall off during the winter (Tehillah Ledavid, Chapter 203). According to Rashi, the correct beracha on these berries is ha’adamah.

A second opinion, that of Tosafos, explains that “gavza” is the trunk or stem of the plant that remains from one year to the next and produces fruit (Ritva, Sukkah 35a). A plant whose root remains from one year to the next, but not its stem, is not a tree.

Many perennial fruits do not have a trunk that remains from year to year. (A perennial is a plant whose root remains from one year to the next and grows each year without replanting.) A banana plant is a perennial whose entire structure above ground dies each year and then grows again the next year from the root. According to Tosafos, bananas are not trees but plants; therefore their beracha is ha’adamah, not ha’eitz, and there is no orlah prohibition.

A third opinion, that of the Rosh and the Tur (Orach Chayim, Chapter 203), explains that any perennial is considered a tree and its beracha is ha’eitz. If the plant must be replanted each year (i.e., it is an annual) to produce fruit, then the beracha is ha’adamah, not ha’eitz. According to this understanding, the correct beracha on strawberries and bananas is ha’eitz since they are both perennials (not annuals), whereas according to the other opinions, the beracha on strawberries and bananas is ha’adamah.

The Shulchan Aruch and the Rema (Orach Chayim 302:2) rule that one recites borei pri ha’eitz if there is some type of stem that remains from year to year and produces fruit, but that the beracha is ha’adamah on perennials whose stem dies each year. However, it is disputed whether the reason we recite ha’adamah is because the Shulchan Aruch concluded like Tosafos, or because it is uncertain whether the beracha should be ha’eitz (like the Rosh and the Tur), or ha’adamah (like Tosafos), and we recite ha’adamah because of this uncertainty (Maamar Mordechai 203:3). There are several halachic ramifications that result from this question as I will explain later.

IS A TREE ALWAYS A TREE?

Is the definition of a tree the same for the halachos of orlah and kelayim as it is for berachos?

Tosafos (Berachos 40a) cites a passage in Talmud Yerushalmi (Kelayim 5:7) that something may not qualify for the definition of a tree for the laws of berachos and yet be considered a tree for the laws of kelayim, whereas the Ritva (Sukkah 35a) contends that the definition of the Gemara (Berachos 40a) for berachos applies to orlah as well. Tosafos concludes that the beracha on most perennial berries is ha’adamah because the bush does not remain from year to year, even though the bushes have the status of trees concerning kelayim and therefore may be planted in a vineyard.

IS HEIGHT A FACTOR?

Are there any other factors that define a tree other than what the Gemara mentioned? Must a plant grow tall to be considered a tree?

The Magen Avraham (203:1) rules that even if a tree grows very short, the correct beracha on its fruits and berries is borei pri ha’eitz. However, the prevalent minhag is to make a pri ha’adamah on berries that grow on plants which are less than three tefachim tall (about nine or ten inches), even though they meet all the other requirements of trees. The reason for the minhag is that a plant with such short stature is not considered significant enough to be a tree (Chayei Odom 51:9; Mishnah Berurah 203:3).

However, we should note that although the custom is to recite ha’adamah on the fruit of these small perennial bushes, the fruit grown in the first three years of the tree’s life is nonetheless prohibited because of orlah (Ritva, Sukkah 35a). Cranberries would fit into this category since they are perennial, yet grow on the ground of a bog. Thus, orlah applies to them, yet their beracha is borei pri ha’adamah.

We have now covered most of our opening questions, and plan to continue this discussion in a future article.

Man himself is compared to a tree (see Rashi, Bamidbar 13:20); and his responsibility to observe orlah, terumos, and maasros are intimately bound with the count that depends on Tu Bishvat. As Rav Hirsch explains, by observing Hashem’s command to refrain from the fruits of his own property, one learns to practice the self-restraint necessary to keep all pleasure within the limits of morality.

The author thanks Rabbi Shmuel Silinsky for his tremendous assistance in providing agricultural information for this article.